How Judges Judge

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How Judges Judge

Brian M. Barry
How Judges Judge Book PDF

Author : Brian M. Barry
Publisher : Taylor & Francis
Page : 361 pages
File Size : 46,8 Mb
Release : 2020-11-26
Category : Law
ISBN : 9780429657498

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How Judges Judge by Brian M. Barry Pdf

A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

How Judges Judge

BRIAN M. BARRY
How Judges Judge Book PDF

Author : BRIAN M. BARRY
Publisher : Informa Law from Routledge
Page : 0 pages
File Size : 49,8 Mb
Release : 2023-09-25
Category : Electronic
ISBN : 0367609827

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How Judges Judge by BRIAN M. BARRY Pdf

This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge.

How Judges Think

Richard A. Posner
How Judges Think Book PDF

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 55,9 Mb
Release : 2010-05-01
Category : Law
ISBN : 9780674033832

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How Judges Think by Richard A. Posner Pdf

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

How Do Judges Decide?

Cassia Spohn
How Do Judges Decide Book PDF

Author : Cassia Spohn
Publisher : SAGE
Page : 356 pages
File Size : 41,5 Mb
Release : 2002-01-28
Category : Law
ISBN : 0761987606

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How Do Judges Decide? by Cassia Spohn Pdf

The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.

Laughing at the Gods

Allan C. Hutchinson
Laughing at the Gods Book PDF

Author : Allan C. Hutchinson
Publisher : Cambridge University Press
Page : 329 pages
File Size : 52,5 Mb
Release : 2012-02-20
Category : Biography & Autobiography
ISBN : 9781107017269

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Laughing at the Gods by Allan C. Hutchinson Pdf

This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.

Reflections on Judging

Richard A. Posner
Reflections on Judging Book PDF

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 393 pages
File Size : 47,8 Mb
Release : 2013-10-07
Category : Law
ISBN : 9780674184640

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Reflections on Judging by Richard A. Posner Pdf

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

How Judges Judge

Brian M. Barry
How Judges Judge Book PDF

Author : Brian M. Barry
Publisher : Taylor & Francis
Page : 296 pages
File Size : 46,7 Mb
Release : 2020-11-26
Category : Law
ISBN : 9780429659935

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How Judges Judge by Brian M. Barry Pdf

A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

Ethical Principles for Judges

Canadian Judicial Council
Ethical Principles for Judges Book PDF

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 55,6 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Judges, Judging and Humour

Jessica Milner Davis,Sharyn Roach Anleu
Judges Judging and Humour Book PDF

Author : Jessica Milner Davis,Sharyn Roach Anleu
Publisher : Springer
Page : 335 pages
File Size : 53,7 Mb
Release : 2018-07-20
Category : Social Science
ISBN : 9783319767383

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Judges, Judging and Humour by Jessica Milner Davis,Sharyn Roach Anleu Pdf

This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.

The Judge, the Judiciary and the Court

Gabrielle Appleby,Andrew Lynch
The Judge the Judiciary and the Court Book PDF

Author : Gabrielle Appleby,Andrew Lynch
Publisher : Cambridge University Press
Page : 341 pages
File Size : 49,5 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108494618

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The Judge, the Judiciary and the Court by Gabrielle Appleby,Andrew Lynch Pdf

Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.

Brian Dickson

Robert J. Sharpe,Kent Roach
Brian Dickson Book PDF

Author : Robert J. Sharpe,Kent Roach
Publisher : University of Toronto Press
Page : 642 pages
File Size : 45,9 Mb
Release : 2003-12-15
Category : Biography & Autobiography
ISBN : 9781442659209

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Brian Dickson by Robert J. Sharpe,Kent Roach Pdf

When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern. Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.

The Psychology of Judicial Decision Making

David E. Klein,Gregory Mitchell
The Psychology of Judicial Decision Making Book PDF

Author : David E. Klein,Gregory Mitchell
Publisher : Oxford University Press
Page : 355 pages
File Size : 55,9 Mb
Release : 2010-02-08
Category : Psychology
ISBN : 9780199710133

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The Psychology of Judicial Decision Making by David E. Klein,Gregory Mitchell Pdf

Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.

Good Judgment

Robert J. Sharpe
Good Judgment Book PDF

Author : Robert J. Sharpe
Publisher : University of Toronto Press
Page : 351 pages
File Size : 54,6 Mb
Release : 2018-10-11
Category : Law
ISBN : 9781487517007

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Good Judgment by Robert J. Sharpe Pdf

Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Judges on Judging

David M. O′Brien
Judges on Judging Book PDF

Author : David M. O′Brien
Publisher : CQ Press
Page : 337 pages
File Size : 54,7 Mb
Release : 2016-05-20
Category : Political Science
ISBN : 9781506340296

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Judges on Judging by David M. O′Brien Pdf

Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features "off-the-bench" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. "Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts." —Douglas Edlin, Dickinson College

The Behavior of Federal Judges

Lee Epstein,William M. Landes,Richard A. Posner
The Behavior of Federal Judges Book PDF

Author : Lee Epstein,William M. Landes,Richard A. Posner
Publisher : Harvard University Press
Page : 491 pages
File Size : 42,7 Mb
Release : 2013-01-07
Category : Law
ISBN : 9780674070684

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The Behavior of Federal Judges by Lee Epstein,William M. Landes,Richard A. Posner Pdf

Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.